World Trust, Rep. By v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE M.DHANDAPANI World Trust, Represented by its Managing Trustee, K.Sathiyavani ... Petitioner vs.
1.The District Collector, District Collectorate, Trichy Road, Thanjavur-613 010.
2.The Revenue Divisional Officer, (Near) District Employment Exchange, Thanjavur - 613 001.
3.The Assistant Director of Town Panchayat, 3rd Floor, District Collectorate, Thanjavur - 613 010.
4.The Tahsildar, Taluk Office, Court Road, Thanjavur - 613 001.
5.The Taluk Surveyor, Taluk Office Complex, Court Road, Thanjavur - 613 001.
1/5
6.R.Thaiyal Nayaki 7.R.Srinvisan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the unauthorized encroachments encroached in the Government Pathway and Government Poromboke land bearing Survey No.53/7 at Vallam Town Panchayat, Thirukanurpatti Village of Thanjavur Taluk and District to an extent of 2560 sq.ft by the respondents 6 & 7 in accordance with law by considering the petitioner's representation dated 14.01.2016.
For Petitioner : Mr.V.Selva (No appearance) For RR 1 to 5 : Mr.SP.Maharajan Special Government Pleader For RR 6 & 7 : Mr.K.Sivabalan
ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to remove the unauthorized encroachments encroached in the Government Pathway and 2/5
Government Poromboke land bearing Survey No.53/7 at Vallam Town Panchayat, Thirukanurpatti Village of Thanjavur Taluk and District to an extent of 2560 sq.ft by the respondents 6 & 7 in accordance with law by considering her representation dated 14.01.2016. 2.The grievance of the petitioner is that private respondents 6 and 7 have illegally encroached upon the public property. For removal of the said encroachment, the petitioner made a representation dated 14.01.2016 and the same has not been considered. Hence, the present Writ Petition has been filed.
3.This Writ Petition is of the year 2016. However, no counter-affidavit has been filed by the respondents so far. 4.Considering the limited scope of the relief sought for by the petitioner, the fourth respondent is directed to consider the representation of the petitioner, dated 14.01.2016 and pass appropriate orders on merits and in accordance with law, after providing opportunity to the parties concerned. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 3/5
5.With the above direction, the Writ Petition is disposed of. No costs.
[D.K.K.,J.] [M.D.I.,J.] 11.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, District Collectorate, Trichy Road, Thanjavur-613 010.
2.The Revenue Divisional Officer, (Near) District Employment Exchange, Thanjavur - 613 001.
3.The Assistant Director of Town Panchayat, 3rd Floor, District Collectorate, Thanjavur - 613 010.
4.The Tahsildar, Taluk Office, Court Road, Thanjavur - 613 001.
5.The Taluk Surveyor, Taluk Office Complex, Court Road, Thanjavur - 613 001.
4/5
D. KRISHNAKUMAR ,J.
and M.DHANDAPANI,J.
ps ORDER MADE IN DATED : 11.01.2024 5/5